Divorce is a difficult process for anyone to go through, but it can be even more complicated when mental illness is involved. In Oregon, there are certain steps that need to be taken to ensure that both parties are protected during the divorce process. Here are some tips on how to handle divorce and mental illness in Oregon.
Steps to Take Before Filing for Divorce
If you or your spouse has a mental illness, it is important to take certain steps before filing for divorce. These steps can help ensure that both parties are protected during the process.
Obtain a Diagnosis and Treatment Plan
If you or your spouse has a mental illness, it is important to obtain a diagnosis from a mental health professional. This diagnosis should include a treatment plan that outlines the necessary steps to manage the illness.
Discuss the Illness with an Attorney
It is important to discuss the mental illness with an attorney before filing for divorce. This can help ensure that the legal process is handled correctly and that both parties are protected.
Discuss the Illness with a Therapist
It is also important to discuss the mental illness with a therapist. This can help you and your spouse understand the impact of the illness on your lives and your relationship.
Filing for Divorce
When filing for divorce in Oregon, there are certain steps that need to be taken to ensure that both parties are protected. These steps include:
Hiring an Attorney
It is important to hire an attorney who has experience in handling divorce cases involving mental illness. This can ensure that your legal rights are protected during the divorce process.
Filing a Petition for Divorce
The next step is to file a petition for divorce with the court. This petition should include information on the mental illness and how it affects the marriage.
Asking for a Restraining Order
If you or your spouse is experiencing domestic violence or abuse, it may be necessary to ask for a restraining order. This can help ensure your safety during the divorce process.
Divorce Mediation
In Oregon, divorce mediation is required before a divorce can be finalized. This is a process where both parties meet with a neutral third party to discuss the terms of the divorce. If mental illness is involved, the mediator should be informed so they can properly handle the situation.
Child Custody
When mental illness is involved, child custody can be a complex issue. It is important to take the following steps to ensure that your children are protected:
Obtain a Custody Evaluation
If mental illness is involved, it may be necessary to obtain a custody evaluation. This is where a mental health professional evaluates both parents and the children to determine what custody arrangement would be in the best interest of the children.
Develop a Parenting Plan
A parenting plan should be developed that takes into account the mental illness and the treatment plan for the parent with the illness. This can help ensure that the children’s needs are met while also taking into account the parent’s mental health needs.
Conclusion
Divorce and mental illness can be a complex issue to navigate, but taking the proper steps can help ensure that both parties are protected during the process. If you or your spouse has a mental illness, it is important to work with an attorney who has experience in handling these types of cases. Additionally, obtaining a diagnosis and treatment plan, discussing the illness with a therapist, and developing a parenting plan that takes the illness into account can help ensure that the divorce process goes as smoothly as possible.